Mitchell Take 2: revised guidance from the Court of Appeal on relief from sanctions

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Related briefings

Disputes Matter – Summer 2018

This edition contains the following briefings: Contract valid despite parties’ common mistake An entirely surprising interpretation of an entire agreement clause Excluding liability effectively Successful settlements ‘Non-reliance’ clause found not reliable to defeat misrepresentation claim Of ‘Supreme’ Significance

Protecting DB schemes: a stronger Pensions Regulator

The Government made clear in its March 2018 Pensions White Paper that it is committed to ensuring that the Pensions Regulator (Regulator) has the right powers to be able to protect effectively defined benefit pension schemes.  On 29 June 2018 the Department for Work and Pensions (DWP) published a consultation paper setting out the Government’s […]

PPI updates: Court case and FCA consultation

Walker Morris has reported previously on the Financial Conduct Authority’s (FCA) proposals for the handling of Payment Protection Insurance (PPI) complaints and for dealing with the so-called ‘Plevin problem’ (that is, the uncertainty following the Supreme Court’s decision that non-disclosure of a significant amount of PPI commission earned by a lender created unfairness in the lender/borrower […]

Knotweed nuisance: Court of Appeal confirms liability for landowners

The Court of Appeal has confirmed that landowners who fail to control Japanese Knotweed, allowing it to encroach on to neighbouring properties, can be held liable for nuisance. Martin McKeague and Jeremy Moore, partners in Walker Morris’ Real Estate Litigation and Real Estate transactional teams respectively, explain and offer their practical advice. Nuisance and the Network […]

‘Non-reliance’ clause not reliable to defeat ‘replies to enquiries’ liability

Martin McKeague and Will Cousins, partners in Walker Morris’ Real Estate Litigation Team and transactional Real Estate Department respectively, explain why a recent Court of Appeal case contains important lessons for all contracting parties looking to exclude or limit liability for pre-contractual statements/misrepresentation…

Latest Briefings

Two EU regulations on UCITS/AIFMD asset segregation requirements for depositaries upon delegation

On 12 July 2018, the European Commission adopted two delegated regulations supplementing the Alternative Investment Fund Managers Directive (AIFMD) and the Undertaking for Collective Investment in Transferable Securities Directive (UCITS) on the safekeeping of assets by depositaries and their delegates. Their main purpose is to eliminate discrepancies among different national regulations. The following aspects will […]

Sleeping time is not working time says Court of Appeal

By Siobhan Fitzgerald The social care sector is breathing a sigh of relief after the Court of Appeal in Royal Mencap Society v Tomlinson-Blake reversed previous cases and decided that only time spent awake and working should be counted as working time for the purposes of calculating the national minimum wage.

Report of the Independent Review of the FOS is published

By Richard Hayllar On the 12 July 2018, the Financial Ombudsman Service (the FOS) published a report on an Independent Review carried out by Richard Lloyd (former Which? executive). The review was undertaken following the broadcast of the Channel 4 Dispatches programme which set out a number of concerns about the handling of FOS complaints.

Efficient arbitration, part 2: Launching an Efficient Arbitration

Kicking off our series on efficiency in arbitration, our first article, Efficient Arbitration – Part 1: Metrics sets out our idea of an efficient arbitration: Achieving the best possible outcome with the least amount of resources. A range of tools are available to focus the spending of resources. Resources should be invested, not wasted. The selection of […]

Efficient arbitration, part 1: Metrics

This is the first in a series of articles by Schoenherr focusing on efficiency in arbitration. In our series, we will explore various tools which serve to improve the efficiency of any given arbitration and so achieve a favourable outcome without wasting resources. But before exploring those tools we need to determine what efficient arbitration […]

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